Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

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Regulations in relation to adjudicators

80. The Minister shall, in a manner ensuring the independence of adjudicators in the performance of their functions, make regulations to provide for each of the following:

(a) the term of appointment of adjudicators (including the term of appointment of a Chief Adjudicator), which term shall be specified in the instrument of appointment, and may be—

(i) fixed and non-renewable, or

(ii) fixed and renewable based upon objective, independently assessed competence-based criteria prescribed by the Minister under section 75 (3).

(b) the remuneration of the Chief Adjudicator and other adjudicators, which remuneration may—

(i) not be reduced during the term of their appointment save in accordance with law, and

(ii) vary depending on the category of person prescribed by the Minister under section 75 (3) into which the adjudicator falls;

(c) such prohibitions on remuneration of adjudicators during their term of office, by persons or bodies other than the Commission, as are necessary to ensure that actual or perceived conflicts of interest do not arise in the performance of the adjudicator’s functions;

(d) the renewal of appointment of adjudicators, including criteria for such renewal;

(e) the resignation from office of adjudicators;

(f) procedures and criteria whereby the revocation of appointments of adjudicators may only take place upon decision by the Government after independent assessment and recommendation by persons outside the Commission with relevant experience and expertise and where—

(i) the adjudicator concerned has become incapable through ill-health of effectively performing his or her functions,

(ii) the adjudicator concerned has engaged in serious misconduct, or

(iii) the Commission has been notified of an adjudicator’s conflict of interest in more than one matter, which conflict of interest is assessed to be likely to continue,

without prejudice to the automatic removal from office as an adjudicator of an employee of the Commission upon cessation of that employment;

(g) the functions of the Chief Adjudicator;

(h) the rules concerning adjudications by adjudicators sitting together;

(i) the rules concerning promotion and increments of employees of the Commission who act as adjudicators;

(j) the rules concerning the tasking of any employee of the Commission to assist an adjudicator in their performance of his or her functions under this Act;

(k) the rules concerning the appointment of consultants or advisers for the purpose of assisting an adjudicator in the performance of his or her functions under this Act.